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" ... that the action was not commenced within the time limited by law. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 266
by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1086 pages
...defendant. The defendant demurred on the ground, among others, (1) that, the complaint did not state facts sufficient to constitute a cause of action , (3) that the action was not prosecuted in the name of the real party in interest ; held that the demurrer could not be sustained...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 69

Massachusetts. Supreme Judicial Court - 1869 - 668 pages
...engineers to cause suits to be commenced without delay against offenders. One ground of defence is, that the action was not commenced within the time limited by law. By Rev. Sts. c. 120, § 21, all actions on any penal statute, brought by a person to whom the penalty...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 245-246

1918 - 2060 pages
...such damages as it may have suffered by reason of the combination to which it was a part}' ; and (2) that the action was not commenced within the time limited by law. Plaintiff alleges error. Hughes, McMicken, Dovell & Ramsey and Otto B. Rupp, all of Seattle, Wash.,...
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The Federal Reporter, Volume 80

1897 - 1040 pages
...barred by lapse of time, and the laches and delay of the complainant and those under whom he claims, and that the action was not commenced within the time limited by law; that the complainant has an adequate remedy at law; and that the grantors of the complainant are necessary...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 12

1881 - 666 pages
...Hufobard, for respt. Held, That the answer contains no defense of adverse possession ; it does not state that the action was not commenced within the time limited by law. This objection must be stated in the answer, Sec. 74 of old code, and unless stated he cannot have...
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The Pacific Reporter, Volume 85

1906 - 1166 pages
...until January 30, 11)03. Demurrer to tue complaint was interposed oil several grounds, and among them that the action was not commenced within the time limited by law. The demurrer was sustained, and, the plaintiff having refused to plead further, judgment was entered dismissing the...
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The Pacific Reporter, Volume 64

1901 - 1164 pages
...(1) That the same did not state facts sufficient to constitute a cause of action; and (2) that said action was not commenced within the time limited by law. The demurrer was overruled, whereupon the defendant answered, denying the fraud alleged in the complaint, and setting out his version...
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The Pacific Reporter, Volume 181

1919 - 1020 pages
...of the subject-matter; that it did not state sufficient facts to constitute a cause of action ; and that the action was not commenced within the time limited by law. The demurrer being overruled, defendant filed an answer denying he purchased 1,850 shares of the stock, or fiiíy...
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The Pacific Reporter, Volume 76

1904 - 1174 pages
...demanded Judgment accordingly. The appellants demurred to the complaint, and, among other grounds, alleged that the action was not commenced within the time limited by law. The trial court overruled such demurrer, and appellants excepted. The appellants thereupon answered, and,...
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The Pacific Reporter, Volume 107

1910 - 1156 pages
...demurred to the complaint for want of facts sufficient to constitute a cause of action, and because the action was not commenced within the time limited by law. The demurrer being overruled, final judgment was entered, annulling the tax sale, and' quieting plaintiff's title....
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